Fla. Admin. Code Ann. R. 15B-9.003 - Call Allocation System

(1) Each Troop Commander shall divide his troop into zones with clearly defined boundaries for the purpose of establishing wrecker rotation lists. The Troop Commander's decision shall be reviewable by the Division Director or his designee.

(2) Each wrecker operator must make application to the division for inclusion on the wrecker rotation list.

(a) Each application for inclusion shall be completed, and signed, and shall be filed with the division. The application shall be made on HSMV form 60315.

(b) A division representative shall investigate each application. The investigation will include the following: background checks; criminal history checks; driver's license status/record checks; and inspection of the applicant's wrecker(s), equipment and facilities. The investigator will, at the conclusion of his investigation, report the findings and make a recommendation to the troop commander in writing. The troop commander will decide whether the wrecker operator is approved or denied inclusion on the wrecker rotation list according to Rules 15B-9.003, 15B-9.005, 15B-9.006, 15B-9.007 and 15B-9.011, F.A.C. The troop commander's decision may be reviewed by the division director or his designee.

(c) The Division shall deny the applicant's inclusion on the wrecker rotation list if the wrecker operator:

1. Fails to meet or comply with the provisions of these rules, or

2. Fails to maintain any local or state license required for the operation of a wrecker service.

(3) To be eligible for inclusion on the wrecker rotation list to tow in a particular zone, the wrecker operator's place of business must be located in that zone.

(a) An operator's place of business must have the following:

1. The business must have a sign that identifies it to the public as a wrecker establishment. The sign must be painted with letters of at least four (4) inches in height and placed so that it is clearly visible to the public.

2. The place of business must maintain office space.

3. The office must have personnel on duty from at least 8:00 a.m. to 5:00 p.m., Monday through Friday to answer calls from the duty officer and to serve the public. However, on the following holidays observed by state agencies, no personnel are required to be on duty at the office to serve the public: New Year's Day; Birthday of Martin Luther King, Jr., third Monday in January; Memorial Day; Independence Day; Labor Day; Veteran's Day, November 11; Thanksgiving Day, Friday after Thanksgiving; Christmas Day; if any of these holidays fall on Saturday, the preceding Friday shall be observed as the holiday; if any holiday falls on a Sunday, the following Monday shall be observed as the holiday.

4. The place of business must maintain a telephone communications system to answer calls from the duty officer or from the public, twenty-four hours a day.

5. The wrecker operator must maintain at least one tow truck and one qualified driver for the place of business.

(b) Any tow truck(s) operating within the zone shall have the zone address, telephone number and other information on the side of the truck clearly visible to the public as provided in subparagraph 15B-9.005(7)(a) 5., F.A.C.

(c) If there is not a qualified operator in a particular zone, the Division director or his designee may designate qualified out-of-zone wrecker operators to be called in that zone.

(4) Wrecker operators located within a zone, as defined herein, shall be called by the Division for the removal of a wrecked, disabled, stolen or abandoned vehicle by the division according to the operator's placement on a Division wrecker rotation list for that zone and according to the wrecker classification for the size of the vehicle to be towed. Wrecker operators will be called in succession from the top of the list. Following each call an operator will be rotated to the bottom of the list, except as provided in subsection (18) of this rule. An operator shall respond to a call with a tow truck classified to meet or exceed the size of the vehicle to be towed.

(5) The wrecker operator may not lease, assign, transfer, pledge, surrender or otherwise encumber or dispose of his approval under these rules or his place on the rotation list. A replacement or successor operator must be approved under these rules before being placed within the division's call system. If a wrecker operator currently participating in the rotation list transfers ownership to another wrecker operator, the new owner may remain in the rotation system provided that it otherwise qualifies pursuant to these rules.

(6) Wrecker requests from the field will be transmitted to the Florida Highway Patrol duty officer who will contact the proper wrecker operator for the zone in which the vehicle to be removed is located. Owners' requests for wrecker operators will not be rotated and such operators will maintain their position on the list. The division may cancel a request for services of a participating wrecker operator at any time. In the event of cancellation or response without rendering service, the operator will not be rotated but will maintain its position on the list. If a wrecker does not respond to a request for service made under these rules or if the request is cancelled pursuant to Rule 15B-9.004, F.A.C., the operator shall be rotated to the bottom of the list.

(7) Wrecker operators will be listed only once on each list and only in the name under which they are qualified under the provision of this rule and conducting business in this state. It is prohibited for a wrecker operator conducting business at one location to receive multiple listings or classifications by utilizing a different or fictitious name for trucks operating out of the same location or out of different locations within the same zone. When two or more corporations are owned by the same individual, partnership or parent corporation, each may have a separate listing only when each has a separate location and different corporate officers. It is prohibited for two or more wrecker operators owned in whole or in part by the same individual, partnership or parent corporation to be qualified to operate in the same zone.

(8) Wrecker operators shall only respond to accidents or remove vehicles involved in an accident within the division's jurisdiction pursuant to a call received directly from a law enforcement agency as set forth in these rules. In the event of a call to a wrecker operator by someone other than a law enforcement agency, such operator shall first clear the call through the closest division office before proceeding to the scene.

(9) Long distance calls between the division's duty officer and the wrecker operators shall be without cost to the division. Wrecker operators shall have no more than one day and one night telephone number. The wrecker operator will notify the duty officer at the time the call is received whether or not it will respond. The wrecker operator shall notify the division of any change of numbers.

(10) Wrecker operators shall be on call twenty-four hours a day, seven days a week. Except as provided in this subsection, answering services or beepers are not permitted. The Troop Commander may approve the use of an answering service by a wrecker operator if, due to the limited number of operators in a zone, no undue burden is placed on the Division. The wrecker operator must acknowledge the rotation call by contacting the duty officer within 5 minutes after the rotation call was received by the answering service. If the wrecker operator does not acknowledge the call as required by this subsection, the duty officer shall cancel the call, rotate the wrecker operator to the bottom of the list and request the services of the next available wrecker operator.

(11) Wrecker operators are prohibited from calling the Florida Highway Patrol station to ascertain their current placement on the rotation list.

(12) Out-of-zone wrecker requests are permitted in the event of an emergency or the absence of a wrecker of proper classification within the accident or removal zone.

(13) In the event of specialized recovery requirements not otherwise met by the wrecker operators within the given zone, the division may call specialized recovery equipment on a nearest available basis.

(14) For multiple car accidents involving multiple disabled vehicles, the wrecker operator subject to call by class from the rotation list will be advised by the duty officer of the number of tow trucks needed to separately remove each vehicle. The wrecker operator will be given the option of removing all of the disabled vehicles to be removed if the operator maintains the number of qualified drivers and tow trucks to accomplish removal within the zone. If the wrecker operator in the zone lacks the capacity within the zone to remove all of the vehicles, it shall nevertheless be called and additional wrecker operators called as needed from the rotation list. Class C operators, which maintain one or more Class C units in a particular zone, may respond to a Class C call by utilizing approved Class C units owned by that operator from adjacent zones or by using approved Class C units from another approved Class C operator located in the same or adjacent zones, provided that the response can be made within a reasonable time under existing conditions and circumstances. The first wrecker on the list will have a choice of wrecked vehicles. If the first listed wrecker does not arrive on the scene within a reasonable time, the investigating trooper will assign vehicles to available operators. The first wrecker on the scene may be required to move vehicles from the roadway, and such movement will not affect the choice of wrecked vehicles. No fee shall be charged for such service.

(15) Wrecker files and wrecker logs (form HSMV 61131) shall be maintained at each Florida Highway Patrol Station.

(16) Wrecker operators may request to be taken temporarily off the list once within a 90-day period on form HSMV 60312.

(17) The Troop Commander is authorized to limit the number of wrecker operators participating in a particular zone. Wrecker operators currently participating in the system shall not be affected. The Troop Commander shall establish the number of operators for a zone based on maintaining adequate and timely public service as well as minimizing the Division's management of the rotation system. This number may be revised if the Troop Commander finds that the public is not being adequately served as a result of an insufficient number of qualified wrecker operators.

(18) If a wrecker responds to a call pursuant to these rules and removal of the vehicle is not required, the wrecker operator may charge a reasonable fee for services rendered, which shall include but not be limited to changing a flat tire, providing gas or use of battery jumper cables, assisting in starting a vehicle, or unlocking a vehicle not to exceed $35. The fee does not include the cost of parts or labor required for any authorized vehicle repairs made at roadside, which may be charged by the wrecker operator in addition to the service fee. A wrecker operator is prohibited from assessing a towing charge if the vehicle is not removed. The wrecker operator which renders services rather than towing a vehicle shall not be rotated to the bottom of the rotation list but shall remain at the top of the list for the next available call.

(19) For a period of at least one year from the date of the rendering of services to a vehicle, as provided in subsection (18), the wrecker operator shall retain a record of the name, driver's license number, address, and telephone number of the driver of the vehicle, the name and address of the registered owner of the vehicle if different from the driver, and the make, model and vehicle identification number of the vehicle which was assisted by the wrecker operator. This information shall be provided to the Division upon request for verification. Providing false information to the Division concerning the services rendered to the vehicle or the identification of the driver or the owner shall result in the removal of the wrecker operator from the rotation list pursuant to subsections 15B-9.007(1) and (4), F.A.C.

(20) When a wrecker responds to a call by the Division to remove an abandoned vehicle, the wrecker shall not be rotated to the bottom of the rotation list, but shall remain at the top of the list for the next available call.

Notes

Fla. Admin. Code Ann. R. 15B-9.003

Rulemaking Authority 321.051 FS. Law Implemented 321.051, 321.05(1) FS.

New 1-22-86, Formerly 15B-9.03, Amended 10-15-92.

New 1-22-86, Formerly 15B-9.03, Amended 10-15-92.